Assisted Dying Bill — legal implications for healthcare professionals explained

If it becomes law, the Terminally Ill Adults (End of Life) Bill would make it legal for terminally ill adults over the age of 18 and with a life expectancy of six months or less to be given medical assistance to end their own lives.

The Bill would mark a major change in UK law if it gets passed by Parliament. This law would apply to England and Wales and a separate bill is being discussed in the Scottish Parliament.

Here, Richard Hough and Thorrun Govind explain the key provisions of the Bill and its implications for healthcare professionals.

This article was originally published in Independent Community Pharmacist on 25 November 2024.

Ethical and legal implications

The UK has long wrestled with the ethical and legal implications of assisted dying. The Suicide Act 1961 decriminalised suicide but retained a prohibition on assisting another person. This carries a penalty of up to 14 years in prison.

In recent years, some key legal cases have brought the issue into the spotlight. In 2022, Diane Pretty argued for the right to assisted suicide due to motor neurone disease but was denied by the UK courts and European Court of Human Rights.

Back in 2009, Debbie Purdy succeeded in getting the Director of Public Prosecutions (DPP) to clarify when those aiding another person to commit suicide might face legal action.

This prompted then DPP Keir Starmer to publish guidelines in February 2010 which set out the factors that would be considered when weighing up a prosecution.

Tony Nicklinson (2012) and Noel Conway (2018) respectively challenged the law on grounds of personal autonomy but were ultimately unsuccessful, with the courts deferring the matter to Parliament.

What changes will be introduced by the Assisted Dying Bill? 

The Bill could introduce various safeguards designed to ensure transparency and prevent abuse. 

These include:

• The individual must be resident of England and Wales and be registered with a GP for at least 12 months.
• The individual must have the mental capacity to make the choice and be deemed to have expressed a clear, settled and informed wish — free from coercion or pressure. They should also have been made aware of other care available to them, such as hospice care.
• The individual must be expected to die within six months.
• Two independent doctors must be satisfied that the person is eligible — confirming the terminal diagnosis and the patient’s mental capacity.

While under the Bill a doctor could prepare the medical substance, the individual must administer it themselves. It should also be noted that the Bill (Section 23) does allow for conscientious objection.

No registered medical practitioner or other health professional is under any duty — whether arising from any contract, statute or otherwise — to participate in the provision of suicide assistance in accordance with the Act. Nor can an employer subject their employee to detriment for exercising such a right.

Supporters consider that these measures strike a balance between respecting personal autonomy and protecting vulnerable individuals. Critics, however, warn of potential coercion and the risk of eroding societal values around the sanctity of life.

Implications for healthcare professionals

Healthcare professionals would have a vital role in implementing the law if it gets passed. For example, pharmacists may be required to supply medicinal products which are prescribed for assisted dying and therefore must ensure compliance with the legal requirements.

The UK Chief Pharmaceutical Officers (UK CPOs) have recently issued guidance in recognition of the wide spectrum of considered views within the profession. This reassures pharmacists and pharmacy technicians that it’s entirely reasonable for them to give their opinions — and that the public would expect that — though it specifically cautions against directly engaging patients in the debate and reiterates the importance of not identifying individuals that they’ve cared for without their consent.

The UK CPOs believe that the pharmacy profession will unanimously agree that:

• The provision of good end-of-life care for all — including the outstanding work done by palliative care clinicians — must not be undermined.
• Individual pharmacists and pharmacy technicians (and other healthcare professionals) should be able to exercise freedom of conscience.

Talk to us

Whether or not the Bill becomes law, its implications will significantly shape the future of healthcare and ethical decision-making.

If you need advice on your rights and legal duties, our regulatory experts are here to help. 

Talk to us by giving us a call on 0333 004 4488, sending us an email at hello@brabners.com or completing our contact form below.